George C. Christie's research while affiliated with Duke University and other places

Publications (4)

Article
The recognition of an increasing number of basic human rights, such as in the European Convention on Human Rights, has had the paradoxical effect of requiring courts in the common-law world to consider whether the extensive protection given by the common law to expression that was not false or misleading must be modified to accommodate these newly...
Article
This article was my contribution to a symposium celebrating the achievements of John Finnis held at the Villanova University School of Law. Finnis’ greatest work is his Natural Law and Natural Rights. I agree with Finnis’ rejection of an approach to natural law which focuses on the notion of natural rights. Finnis’ approach instead focuses on a nat...
Article
In 51 and 52 of the forthcoming second volume of the Restatement (Third) of Torts: Liability for Physical and Emotional Harm, the reporters have sought to accommodate the trend to extend the liability of possessors of land to trespassers. The courts that have led the way in this legal transformation of the traditional common law have largely focuse...
Article
This book is largely concerned with the adjudication of conflicts between freedom of expression and privacy and other social values such as secularism, etc. It looks at the subject from a comparative perspective, comparing the U.S. approach to that taken in Europe including the U.K. The problem is particularly difficult in Europe because the human...

Citations

... Freedom of expression has been emphasized as a common good (Christie 2012). Still, women experience restrictions to specific daily expression and information by cultural and religious barriers. ...
... On the other hand, legal rules are binding also for courts and they determine the outcome of their verdicts. As a result, the judges of these courts may not become 'philosopher kings' because although they often incorporate their views about ideal society into their decisions (and decisions in free speech cases exceptionally allow to do that), the public can itself judge these decisions and criticize them (Christie 2011). The relationship between legal provisions and courts' decision-making in free speech cases points out the specific position of interpretation and argumentation in favor of or in opposition to freedom of speech. ...